Arrest

Short answer: In Texas, evading arrest or detention means intentionally fleeing from someone you know is a peace officer who is lawfully trying to arrest or detain you. Running on foot is usually a Class A misdemeanor, punishable by up to one year in jail. Fleeing in a vehicle is generally a third-degree felony, punishable by 2 to 10 years in prison, even on a first offense. The State must prove you knew an officer was trying to stop you, and that the stop itself was lawful. Those two elements are often where the defense begins.

Evading arrest charges are common in Dallas-Fort Worth. A traffic stop on I-35W or Loop 820 turns into a short chase, a passenger runs from a car in an apartment parking lot, or someone panics and drives a few blocks before pulling over. What may feel like a split-second decision can bring a felony charge, a possible deadly weapon finding, and consequences that last far longer than the original stop.

At Howard Lotspeich Alexander & Williams, PLLC (HLAW), our Fort Worth defense lawyers handle criminal defense cases in Tarrant, Dallas, Denton, Collin, Johnson, and Parker counties. This guide explains how Texas defines evading arrest, how the penalties escalate, and what defenses may apply.

Key Takeaways

• The offense has specific elements. Under Texas Penal Code §38.04(a), a person commits an offense "if he intentionally flees from a person he knows is a peace officer or federal special investigator attempting lawfully to arrest or detain him."
• Fleeing on foot is generally a Class A misdemeanor, punishable by up to one year in jail and a fine of up to $4,000 (Penal Code §12.21).
• Fleeing in a vehicle is generally a third-degree felony, even without a prior conviction. Texas courts, beginning with the Fort Worth Court of Appeals in Adetomiwa v. State, have resolved conflicting 2011 amendments that way.
• Knowledge is an essential element. The accused "must know that the person from whom he flees is a peace officer attempting to arrest or detain him" (Hobyl v. State).
• A car can be found to be a deadly weapon. A deadly weapon finding can limit probation options and delay parole eligibility (Code of Criminal Procedure art. 42A.054; Government Code §508.145).

What Counts as Evading Arrest in Texas?

The State must prove each part of §38.04(a) beyond a reasonable doubt:

1. The person intentionally fled. Fleeing can mean running, driving away, or refusing to stop. Texas courts have described the offense as refusing "to yield to a police show of authority" (Redwine v. State).
2. From a peace officer or federal special investigator. The person must know the pursuer is law enforcement.
3. Who was attempting to arrest or detain the person. The person must know the officer was trying to stop or arrest him, not just that police were nearby.
4. Lawfully. The statute requires that the officer was "attempting lawfully" to arrest or detain. If the officer had no legal basis for the stop, that element may fail.

Evading arrest is different from resisting arrest. Resisting arrest under §38.03 involves using force against an officer, and Texas law says it is "no defense" that the arrest was unlawful. Evading arrest is about flight, and the lawfulness of the stop is part of the offense itself. Our article on resisting an unlawful arrest in Texas explains that distinction further.

How Serious Is an Evading Arrest Charge?

The offense level depends on how the person fled, whether anyone was hurt, and the person's history.

Situation	Offense level	Punishment range
Fleeing on foot, no prior evading conviction	Class A misdemeanor	Up to 1 year in jail and up to $4,000 fine
Fleeing on foot with a prior evading conviction	State jail felony	180 days to 2 years in state jail and up to $10,000 fine
Using a vehicle while in flight	Third-degree felony	2 to 10 years in prison and up to $10,000 fine
Another person suffers serious bodily injury as a direct result of the officer's attempt to apprehend	Third-degree felony	2 to 10 years in prison and up to $10,000 fine
Another person dies as a direct result of the officer's attempt to apprehend	Second-degree felony	2 to 20 years in prison and up to $10,000 fine

Sources: Penal Code §38.04(b) and the punishment ranges in Penal Code §§12.21, 12.33, 12.34, and 12.35.

The statute also makes the offense more serious if the person uses a tire deflation device against the officer, and a 2023 amendment added a third-degree felony provision when the evading occurs during certain smuggling offenses. Section 38.04(d) adds that a person "may be prosecuted under either or both this section and the other law," so evading is often charged alongside DWI, drug possession, or other offenses arising from the same stop.

Is Evading Arrest in a Car Always a Felony?

In practice, yes. In 2011, the Texas Legislature passed three bills amending §38.04. Two of them made vehicle evading a state jail felony for a first offense, and the third made it a third-degree felony. The statute still prints both versions.

The Fort Worth Court of Appeals addressed the conflict in Adetomiwa v. State, 421 S.W.3d 922 (Tex. App.—Fort Worth 2014, no pet.). The court concluded that "Senate Bill 1416 amended the punishment scheme of section 38.04 to provide that evading arrest is a third degree felony if the actor uses a vehicle in flight," and that even if the bills were irreconcilable, the later vote on Senate Bill 1416 would prevail (Adetomiwa opinion). Other Texas appellate courts have agreed, so a first-time vehicle evading case in DFW is typically charged and prosecuted as a third-degree felony.

That matters because a third-degree felony can be enhanced by prior felony convictions, and it carries the full weight of a felony record. Our post on pleading "true" to a felony enhancement discusses how enhancements work in practice.

Can a Car Be a Deadly Weapon in an Evading Case?

Yes. A motor vehicle is not a deadly weapon by itself, but it can be one if "in the manner of its use or intended use" it is "capable of causing death or serious bodily injury" (Penal Code §1.07(a)(17)(B)). The Texas Court of Criminal Appeals uses a two-part test from Sierra v. State, 280 S.W.3d 250 (Tex. Crim. App. 2009). Courts first evaluate the manner in which the defendant used the vehicle, then consider whether, during the felony, it was capable of causing death or serious bodily injury (Sierra v. State).

Factors courts look at include intoxication, speeding, disregarding traffic signs and signals, erratic driving, and failure to control the vehicle. There must also be evidence that others were actually endangered. As the Fort Worth Court of Appeals has noted applying these cases, "a hypothetical potential for danger" is not enough (Wesson v. State).

A deadly weapon finding has major consequences:

• No judge-ordered probation. Under art. 42A.054(b), judge-ordered community supervision is not available when a deadly weapon was used or exhibited during a felony. A jury may still recommend community supervision in some cases.
• Delayed parole eligibility. Under Government Code §508.145(d), an inmate with a deadly weapon finding is not eligible for parole until actual time served equals one-half of the sentence or 30 years, whichever is less, and never in less than two years.
• Future enhancement. Under Penal Code §12.35(c), a prior felony with a deadly weapon finding can cause a future state jail felony to be punished as a third-degree felony.

Because of these effects, whether the State pursues a deadly weapon finding is often one of the most important issues in a vehicle evading case.

What Are Common Defenses to Evading Arrest?

Every case turns on its facts, but these issues come up often.

The person did not know an officer was trying to stop him

Knowledge is "an essential element" of the offense (Hobyl v. State). Evidence that an officer was trying to stop a vehicle generally consists of emergency lights and a siren. In Redwine, the Houston Fourteenth Court of Appeals found the evidence legally insufficient where officer testimony about whether the patrol car's lights were on was uncertain, holding that "the gravamen of the offense is the evasion of an arrest, not the evasion of a police officer" (Redwine v. State). Dash camera and body camera video, the route driven, and the time elapsed before stopping can all matter.

The stop or arrest was not lawful

Because the statute requires that the officer was "attempting lawfully" to arrest or detain, the legal basis for the stop is part of the State's case. If the officer lacked reasonable suspicion for a detention or probable cause for an arrest, the defense can challenge that element.

The person was not "fleeing"

Slowing down, looking for a safe place to pull over, or continuing briefly to a well-lit area is not necessarily intentional flight. The facts of how and when the person stopped are important.

Challenging the enhancement or the deadly weapon allegation

Even when the evading itself is hard to contest, the defense may challenge whether a vehicle was actually used as a deadly weapon under the Sierra test, whether anyone was actually endangered, or whether a prior conviction qualifies for enhancement.

What Should You Do After an Evading Arrest Charge in DFW?

1. Do not discuss the incident with officers, jail staff, or on recorded jail calls. Statements about why you drove or ran can be used to prove knowledge.
2. Write down what you remember for your lawyer only: where you were, what you saw in the mirror, when lights or sirens started, and where you stopped.
3. Ask a lawyer to preserve video quickly. Dash camera, body camera, and nearby business or doorbell footage may be lost if no one requests it.
4. Understand your bond conditions. If you are released on bond, follow every condition. Our Fort Worth bail bonds guide explains how release works.
5. Ask about probation and diversion options. Depending on the charge and your history, alternatives may exist. See our overview of probation and diversion options in Tarrant County.

Frequently Asked Questions

Is running from the police on foot a felony in Texas?

Usually not on a first offense. Evading on foot is generally a Class A misdemeanor under Penal Code §38.04(b). It becomes a state jail felony if the person has a prior evading conviction, and it can be a higher felony if someone suffers serious bodily injury or death as a direct result of the officer's attempt to apprehend.

Is evading arrest in a vehicle a third-degree felony even for a first offense?

Generally, yes. Texas appellate courts, including the Fort Worth Court of Appeals in Adetomiwa v. State, have held that evading arrest is a third-degree felony when the person uses a vehicle in flight, regardless of prior convictions. The range is 2 to 10 years in prison and up to a $10,000 fine.

What if I did not see the police lights?

The State must prove you knew a peace officer was trying to arrest or detain you. If the evidence of that knowledge is weak, for example because the lights or siren were not activated or the pursuit was very brief, that may be a defense. The video and the officer's testimony will be important.

Can I be charged with evading arrest if the stop was illegal?

The statute requires that the officer was "attempting lawfully" to arrest or detain you. If the stop or arrest was not lawful, that element may not be met. This is different from resisting arrest, where Texas law says an unlawful arrest is no defense.

Can I get probation for evading arrest?

Often, yes. Probation and deferred adjudication may be available for many evading charges. However, if a deadly weapon finding is made in a felony case, judge-ordered community supervision is not available under art. 42A.054(b), and parole eligibility is delayed if the person is sentenced to prison.

Can evading arrest be expunged or sealed?

It depends on how the case ends. A dismissal or acquittal may qualify for expunction, and some deferred adjudication outcomes may qualify for an order of nondisclosure. Our expunction and nondisclosure guide explains the options.

Talk to a Fort Worth Criminal Defense Lawyer

An evading arrest charge often depends on details: what the officer did, what you could see and hear, and whether the stop was lawful in the first place. Those details are captured on video and in reports that should be reviewed early.

If you have been charged with evading arrest or detention anywhere in Dallas-Fort Worth, call HLAW at (817) 993-9249 or contact us online for a free consultation.

This article is for general informational purposes only and is not legal advice. Reading it does not create an attorney-client relationship. Laws change, and every case depends on its specific facts.

Short answer: If you think you have an outstanding arrest warrant in Tarrant, Dallas, or another North Texas county, don't ignore it and don't walk into a police station or courthouse alone to ask. A Texas arrest warrant doesn't expire, and it can be served anywhere in the state. The safest path is usually to have a criminal defense lawyer quietly confirm the warrant, find out the charge and bond amount, and arrange a planned surrender with bond ready. That way you're booked and released as quickly as possible instead of being arrested at work, at home, or during a traffic stop.

Every week we get calls from people across Dallas-Fort Worth who have heard that "there might be a warrant out." Maybe they missed a court date, a police detective left a business card at the house, an ex filed a report, or a friend saw their name online. The worst thing to do in that situation is nothing. The second worst is to guess.

At Howard Lotspeich Alexander & Williams, PLLC (HLAW), resolving warrants is one of the most common ways a criminal case first comes to us. This guide explains the types of warrants you might face in DFW, how to check for one, what happens when you surrender, and how a lawyer can make the process faster and less stressful.

Key Takeaways

• Warrants don't expire. A Texas arrest warrant stays active until it's served or recalled. Under Code of Criminal Procedure art. 15.06, it can be executed in any Texas county.
• There isn't one public database. Tarrant County has no single public list of active warrants. Dallas County has an online "wanted" search, but no search covers every court.
• Checking in person can get you arrested. Asking at a police station or courthouse counter can lead to an arrest on the spot.
• Class C warrants are different. Fort Worth Municipal Court calls itself a "Safe Harbor" court and doesn't arrest people who come in voluntarily to resolve Class C warrants.
• A planned surrender is usually best. For felony and Class A/B misdemeanor warrants, a lawyer can confirm the bond, line up a bondsman or cash bond, and arrange a surrender to keep jail time short.
• Ignoring it makes things worse. Missing court can lead to a separate bail jumping charge, a forfeited bond, and a higher bond the next time.

What Is an Arrest Warrant in Texas?

Under Texas Code of Criminal Procedure art. 15.01, a warrant of arrest is "a written order from a magistrate" directing a peace officer to take a person accused of an offense into custody. Once a warrant is issued, any officer who stops you and runs your name can arrest you. That includes a traffic stop on I-35W, a call to your home, or a routine ID check.

Common types of warrants in DFW

Type	What it usually means	Who issues it
Arrest warrant on a complaint	Police presented a probable cause affidavit, and a magistrate found enough to charge you.	Magistrate or judge
Capias	Issued after an indictment or information is filed, often when you haven't been arrested on the case yet.	District or county court
Bench warrant / bond forfeiture warrant	You missed a court date, and the judge ordered your arrest.	Trial court
Motion to revoke or adjudicate warrant	Your probation officer reported a violation.	Court supervising your probation
Class C alias or capias pro fine warrant	You missed a deadline on a ticket or didn't pay a fine.	Municipal or justice court

The type of warrant matters. It affects whether a bond is already set, whether you can post it on your own, and whether the judge has to see you first. For probation warrants in particular, see our article on defending against probation revocation.

How Do You Check for a Warrant in Tarrant or Dallas County?

There's no single statewide website that shows every active warrant, and each North Texas county handles this differently.

Tarrant County

Tarrant County doesn't publish a single public list of active criminal warrants. Case records live with the District Clerk (felonies) and the County Clerk (misdemeanors), and the Sheriff's Office handles warrant service. The county's Criminal Warrants page describes staff who handle the large volume of outstanding warrants from courts across the county. In practice, criminal defense lawyers and licensed bail bond agents routinely confirm warrant status, the charge, and the bond amount for clients.

Some smaller courts post limited lists. For example, Justice of the Peace Court 1 publishes an active warrants list for its own misdemeanor cases that is updated monthly. Lists like this cover only one court.

Dallas County

Dallas County offers an online Dallas County Wanted search. The Sheriff's Office also runs a warrant information line at (214) 761-9026, listed in its frequently asked questions. Even so, a clean result doesn't guarantee there's no warrant. Very recent warrants, sealed warrants, warrants from city courts, and warrants from other counties may not show up.

Fort Worth and other city courts

Traffic tickets and other Class C offenses are handled by municipal courts. The Fort Worth Municipal Court warrants page lets you look up and pay a warrant, and it notes that a $50 warrant fee is added when a warrant issues. Arlington, Dallas, Grand Prairie, and the other Metroplex cities each have their own municipal courts and separate lookups.

Why you shouldn't "just go ask"

The Fort Worth Police Department's FAQ says you can ask any officer or go to any police station for a warrant check. That's true, but if a felony or Class A/B warrant comes back, the officer can arrest you right then. Having a lawyer check first means you learn the charge, the court, and the bond before deciding when and how to surrender.

What Happens When You Turn Yourself In?

Step 1: Confirm the details

Before a planned surrender, your lawyer will confirm:

• The charge and its level (felony, Class A, or Class B).
• The court and cause number.
• Whether a bond amount has already been set, and how much it is.
• Whether there are any holds, such as warrants from other counties, probation holds, or immigration detainers.
• Whether the bond will come with conditions, such as an ignition interlock device, a protective order, GPS monitoring, or drug testing.

Step 2: Arrange the bond in advance

Tarrant County's bond information page says bonds may be posted 24 hours a day at the Bond Desk of the Tarrant County Corrections Center, 100 N. Lamar, Fort Worth. If you post bond yourself, you must pay the full amount. Many people use a surety (bail bond) company instead and pay a non-refundable fee. Some defendants qualify for a personal bond, though art. 17.03 bars personal bonds for many violent offenses and certain other charges. Our guides to Fort Worth bail bonds and what to expect after a Fort Worth arrest explain these options in more detail.

Step 3: Booking and release

At surrender, you'll be booked: fingerprinted, photographed, and checked for other warrants. Under art. 15.17, you must be brought before a magistrate (in person or by video) within 48 hours of arrest. The magistrate will tell you about the accusation, your right to a lawyer, your right to remain silent, and your right to request appointed counsel if you can't afford one, and will admit you to bail if the law allows. When a bond is already set and ready to post, the whole process usually goes faster.

What about a walk-through bond?

You may hear the term "walk-through" or "walk-in" bond. It generally means arriving at the jail with the bond already arranged so booking and release happen in one visit. Whether that's possible depends on the county, the charge, and whether a bond has been set. The procedures change over time, and a lawyer who handles these surrenders regularly will know the current process.

How Is the Bond Amount Decided?

If no bond has been set, or if the bond is too high, the judge or magistrate applies the rules in art. 17.15. Bail must be high enough to reasonably assure you'll come back to court, but "is not to be used to make bail an instrument of oppression." The court considers:

• The nature and circumstances of the offense, including whether it involved violence.
• Your ability to make bail.
• The safety of the alleged victim, law enforcement, and the community.
• Your criminal history, including any past failures to appear.
• Citizenship status.

A lawyer can file a motion to set a reasonable bond or reduce an excessive one, sometimes before you surrender. For more on this, see excessive bail as punishment in Texas. If you're held in jail and the State isn't ready for trial, art. 17.151 generally requires release on personal bond or a reduced bond after 90 days for most felonies, or after 30 days for misdemeanors punishable by more than 180 days in jail.

What If the Warrant Is for a Traffic Ticket or Class C Offense?

Class C warrants usually involve missed court dates or unpaid fines on traffic tickets and other fine-only offenses. The approach is different:

• Many city courts won't arrest you if you come in voluntarily. Fort Worth Municipal Court says it is a Safe Harbor court that doesn't arrest people who come in voluntarily to resolve Class C warrants, in person or virtually. Fort Worth also holds periodic Warrant Forgiveness events, where a judge may reduce fines and fees.
• You may have options besides paying in full. Fort Worth's court rules let a defendant without a lawyer appear in walk-in court to request deferred disposition, defensive driving, a payment plan, or community service in place of a fine. To cancel an alias warrant and set the case for a future docket, the court requires a bond.
• Unresolved tickets can block your license renewal. Under Transportation Code §706.004, DPS may deny renewal of your driver's license for failure to appear when the city or county has contracted with DPS.

Each city's policies differ, so check with that specific court or have a lawyer do it.

Why Ignoring a Warrant Makes Things Worse

• You can be arrested at any time. A warrant follows you into every traffic stop, airport, and police encounter, anywhere in Texas.
• Missing court can be a new crime. Under Penal Code §38.10, intentionally or knowingly failing to appear after release on bond is a Class A misdemeanor, or a third-degree felony if the underlying case is a felony. Having a reasonable excuse is a defense.
• Your bond history follows you. Under art. 17.15, judges consider past failures to appear when setting bail, so a prior no-show can mean a higher bond later.
• The weekend problem. Being arrested on a Friday night can mean spending more time in jail before the case can be addressed than if you'd surrendered on a planned weekday.

Don't Talk About the Case When You Surrender

Turning yourself in is not the time to explain your side. Officers may ask casual questions during booking, and anything you say about the facts of the case can be used against you. Be polite, give identifying information, and say you want to speak with your lawyer. Read more in Miranda or No Miranda: Do Not Make a Statement. If a detective has been trying to reach you before charges are filed, talk to a lawyer before returning the call.

A Practical Checklist If You Think You Have a Warrant

1. Don't ignore it. Write down any case or citation numbers, court letters, or detective contact information you have.
2. Call a criminal defense lawyer. Have the lawyer confirm the warrant, the charge, the court, and the bond.
3. Plan the bond. Decide between cash, a surety, or a request for a personal bond, and get funds or a bondsman lined up.
4. Pick the surrender time with your lawyer. Weekday mornings are often best.
5. Bring ID and leave valuables at home. Arrange a ride for when you're released.
6. Follow all bond conditions from the moment you're released, and stay in contact with your lawyer.

Frequently Asked Questions

Do arrest warrants expire in Texas?

No. A Texas arrest warrant stays active until it's served or recalled by the court, and under art. 15.06 it can be served in any county in the state. Some old charges may face limitations issues, but the warrant itself doesn't disappear.

Can I check for a warrant online in Tarrant County?

Only partly. Tarrant County doesn't provide a single public list of active criminal warrants. Some courts, such as Justice of the Peace Court 1, post limited lists. Criminal defense lawyers and bail bond agents routinely confirm warrant status for clients.

Will I be arrested if I go to Fort Worth Municipal Court about a ticket warrant?

According to the court, Fort Worth Municipal Court is a Safe Harbor court that doesn't arrest people who come in voluntarily to resolve outstanding Class C warrants. That policy applies to Fort Worth municipal cases, not to county felony or misdemeanor warrants.

How long will I be in jail if I turn myself in?

It depends on the charge, whether bond is set, and how busy the jail is. Under art. 15.17, you must see a magistrate within 48 hours. With a bond already set and posting arranged, release often happens the same day, but no lawyer can guarantee a timeline.

Can a lawyer get a warrant recalled without me going to jail?

Sometimes. For certain bench warrants and Class C warrants, a court may allow a lawyer to file a motion, post a bond, or set the case on a docket without a jail booking. For new felony and Class A/B charges, booking is almost always required, but planning ahead can keep the stay short.

What if the warrant is from another county?

Because warrants extend statewide, you can be arrested in Tarrant County on a Dallas, Denton, or Collin County warrant, and the reverse. You may wait to be transferred, or you may be able to post bond on the other county's warrant locally. A lawyer can sort out the logistics, especially when several warrants are involved.

Should I talk to the detective who called me?

Not before talking to a lawyer. Detectives often call to "get your side of the story" before deciding whether to seek a warrant. You have the right to remain silent and to have counsel present.

Talk to a Fort Worth Criminal Defense Lawyer About a Warrant

A warrant is easier to handle on your own schedule than at a traffic stop. HLAW's criminal defense attorneys help clients across Tarrant, Dallas, Denton, Collin, Johnson, and Parker counties confirm warrants, arrange bonds, and plan surrenders, and then defend the case that follows. That includes assault and violent offenses, drug charges, theft, and DWI. Call (817) 993-9249 or contact us online for a free, confidential consultation.

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This article is for general informational purposes only and is not legal advice. Reading it does not create an attorney-client relationship. Warrant, bond, and court procedures vary by county and court and change over time. Consult a licensed Texas attorney about your situation.

Obscure Texas Traffic Offenses | Fort Worth Criminal Attorneys

Many of our criminal cases begin with traffic offenses. Something as simple as failing to signal for a lane change can quickly become a DWI investigation if the officer suspects the driver has been drinking. Often, during a traffic stop an officer will ask for consent to search the vehicle and then, depending on what might be in the car, the traffic stop turns into an arrest for possession of an illegal substance or contraband. (Tip: Never give consent to search. Ever.)

We put our heads together to think about some of the more obscure traffic violations about which drivers may not know. We have listed four of them below. The officers on the road know about them, so you should too.

Sec. 544.010(c) - Stopping before the crosswalk or white line. When you approach a streetlight or stop sign you must stop before the white line (or crosswalk line), regardless of where the stop sign or streetlight is positioned. Many times the actual stop sign will be a few yards in front of the line, just begging you to inch a little closer. Resist the urge to stop at the sign. There's probably a traffic cop right around the corner just waiting for you to mess this one up. (If you are a person that remembers rhymes better...Stop at the line, not at the sign!)

Sec. 545.104(a) - Signal intent to start from a parked position. This is one that I'll admit I did not know about. When you are parallel parked on a street and you wish to enter the roadway, you must signal your intent to do so. Put on your turn signal and then begin driving into the roadway. (Signal when parked, before you depart.)

Sec. 545.104(b) - Signal turn/lane change 100 feet prior to turn/lane change. We all know that we must signal when making a turn or changing lanes, but many folks do not know that it must be done 100 feet prior to the movement. If you must make a quick turn, any signal is better than none, but the rule says 100 feet. (Before you change lanes or turn on the street, you must signal for 100 feet.)

Sec. 547.322(f) - Separate lamp must be mounted to rear license plate and be visible from 50 feet. You cannot rely on your taillights to illuminate your license plate in Texas. Your license plate, like a special work of art hanging in the lobby of some fancy building, must have its own light so that everyone can clearly read your vanity plates proclaiming IMCOOL. Further, the license plate must be visible from 50 feet away. (When driving at night, do what's right. Give your license plate a light.)

KNOW YOUR RIGHTS - Being Accused in Texas

Be informed. Be aware. Maintain your composure. Your Liberty is at stake. Every day, Texas citizens have interactions with Texas law enforcement. If you have an encounter with law enforcement it is extremely important that you realize that a police officer does not represent you and is not looking out for your legal interests. Only an attorney can do that. You must stay informed and aware of your rights in order to ensure that the Government does not abuse its power. Under the United States and Texas Constitutions and the Texas Code of Criminal Procedure, every citizen has the following rights:

• THE RIGHT to be informed of the specific offense(s) alleged to have been committed.
• THE RIGHT to remain silent. Any statement a person makes, oral, written, or non-verbal [nodding of the head] may be used as evidence against that person in a trial by the State of Texas in court or in other judicial proceedings.
• THE RIGHT to an attorney for any offense other than a class c misdemeanor.
• THE RIGHT to obtain an attorney of the person's own choosing, at that person's expense, for any offense.
• THE RIGHT to consult with an attorney and to have a lawyer present during any interrogation.
• THE RIGHT to terminate an interview or interrogation at any time.
• THE RIGHT to refuse to give consent to search.
• THE RIGHT against self-incrimination.

NEVER TALK TO OR FOLLOW THE ADVICE OF INVESTIGATORS  WITHOUT FIRST OBTAINING THE ADVICE OF AN ATTORNEY

GENERAL ADVICE

A suspect has a legal, moral and constitutional right to remain silent and place the burden of overcoming the presumption of innocence and proving his or her guilt beyond a reasonable doubt on the officers, investigators, and attorneys for the government. A suspect should never make an oral, written, or non-verbal statement concerning suspected criminal conduct, even to close friends or relatives without first consulting an attorney. Your best friend can turn out to be your biggest problem at trial and your family members can sometimes be compelled to testify against you. Also, BEWARE of the fact that a routine law enforcement tactic is to monitor and record phone or personal conversations between a suspect and the alleged victim or other persons which may play a role in the case. Criminal investigators work to protect the interest of the government and not the interests of the suspect. ONLY a suspect's personal attorney can and will work to protect the interests of the suspect. During an interview or interrogation, some officers or investigators may use the "good guy-bad guy" technique in which one acts rough and tough and the other one sympathizes and tries to "help" the suspect. The officers or investigators can legally lie to or deceive a suspect in an effort to get a statement, so be careful! These people are highly trained to elicit incriminatory statements from suspects. The safest thing to do is to simply refuse to talk (or even listen to) the investigators. The request for an attorney must be a clear, unequivocal insistence to speak to an attorney; Comments like "do I need an attorney" or "I think I want an attorney" are NOT sufficient to invoke the right to counsel and to terminate the interview. A suspect may be ordered by a judge to give certain samples (handwriting, hair samples, blood, etc). When possible, consult an attorney before doing so or as soon as possible afterwards, especially if ordered to do so over your objection. NEVER CONSENT to the taking of evidence, except for your fingerprints and photograph. Make the investigator get a search warrant. An investigator does not have authority to direct that a suspect produce evidence, except photographs and fingerprints. If a suspect finds that an appointment has been made for him/her with a physician, drug/alcohol counselor, social worker, or psychiatrist, the suspect should contact an attorney first because conversations between suspects and anyone other than his/her attorney(s) are not privileged or confidential under the law. Communications between a suspect and his/her attorney or agent for the attorney (paralegal) are privileged, unless the communication clearly contemplates the future commission of an illegal act.

SEARCHES AND SEIZURES

A suspect should NEVER CONSENT to a search of his/her person or property without first consulting an attorney. A suspect should make it perfectly clear to the authorities that he/she does not consent, but if the authorities persist, a suspect should never physically resist. There are many theories upon which a search may be legally justified and an attorney will examine he facts of the search at a later time to determine if law supported it. If a suspect legitimately consents to the search, however, there are no legal issues. IMPORTANT: A person who does consent to a search may withdraw that consent at any time during a search. IF YOU CONSENT TO A SEARCH, ANY EVIDENCE FOUND COULD BE USED AGAINST YOU! Force the authorities to get a lawful search warrant.

APPREHENSION, ARREST, AND CONFINEMENT

In many cases, investigators do not physically "arrest" a suspect. After questioning or contact by the investigators, the suspect is usually released. When confronted by investigators, a suspect should never run away or physically resist apprehension, arrest, or confinement, whether that person is innocent or guilty. He/she should always go along peacefully with the authorities, while asking that an attorney be made available before any questioning. Any resistance or flight, even if innocent, can be considered as evidence of guilt. Additionally, resisting apprehension can lead to additional charges being added and/or pre-trial confinement. Pre-trial confinement can occur under very limited circumstances, where the officer or investigator determines that the suspect is a "flight risk," a danger to the community or to himself, or is likely going to continue the misconduct if not put into pre-trial confinement.

POLYGRAPHS

Polygraphs are frequently used by law enforcement personnel. Under no circumstance should a suspect agree to take a polygraph with the law enforcement agency without advice of counsel. Remember it is permissible for investigators to lie to the suspect, so a suspect could actually "pass" a polygraph, but be told by the examiner that he "failed" the polygraph; the fact that a person is actually telling the truth in no manner means that the polygraph will indicate no deception. Polygraphs are notoriously unreliable, so much so that they are inadmissible in court.

GOOD CONDUCT BEFORE TRIAL

Waiting for your trial date to arrive will be a very difficult time for you. It is extremely important however that you avoid any additional problems prior to trial. As difficult as it will be, you must maintain an excellent attitude at all times and strive to be a productive member of society.